The Essential Guide to Family & Medical Leave

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chapter 11 | how other laws affect FMLA leave | 277 Do Other Laws Apply?, continued Uniformed Services Employment and Reemployment Rights Act (USERRA) Applies if: • Employee needs or takes leave to serve in the armed forces. If USERRA and the FMLA both apply: • Time the employee spends on leave protected by USERRA counts as months and hours worked for the employer, for purposes of calculating employee’s eligibility for FMLA leave. State Family and Medical Leave Laws Apply if: • Employer meets the coverage requirements of the state law: Some apply to smaller employers than the FMLA. • Employee meets the eligibility requirements of the state law: Some require less time in-service for eligibility. • Employee is taking leave for a reason covered by the state law: Some allow leave for a wider variety of family members or for different conditions from the FMLA. Overlap with the FMLA if: • Employer is covered by both laws, employee is eligible for leave under both laws, and employee is taking leave for a reason covered by both laws. If a state family and medical leave law and the FMLA both apply: • Time the employee takes off counts against the employee’s leave entitlement under both laws. • The employee need comply only with whichever notice and certification requirements are less strict: the state law’s or the FMLA’s. State Workers’ Compensation Laws Apply if: • Employer is required to carry workers’ compensation coverage (almost all are). • Employee suffers a work-related injury or illness. Overlap with the FMLA if: • Employee’s serious health condition is also a work-related injury or illness. If a state worker’s compensation law and the FMLA both apply: • Employee may not be required to accept a light-duty position; however, employee’s workers’ compensation benefits may cease if the employee chooses not to work light duty. • If employee accepts a light-duty position, the employee’s right to reinstatement under the FMLA continues for 12 weeks total: the time the employee spends on leave plus the time the employee spends in the light-duty position. • Employee who cannot return from work after FMLA leave may still have some reinstatement rights under the state workers’ compensation law.
278 | the essential guide to family and medical leave Do Other Laws Apply?, continued State Temporary Disability Insurance Programs Apply if: • Employee works in California, Hawaii, New Jersey, New York, or Rhode Island. • Employer is covered by the program, and employee is eligible for benefits from the program. • Employee is temporarily unable to work or, in California, takes leave for parenting or to care for a seriously ill family member. Overlap with the FMLA if: • Employee’s temporary disability is also a serious health condition under the FMLA. • Employee in California is taking parenting leave or leave to care for a seriously ill family member that is also covered by the FMLA. If a state temporary disability insurance program and the FMLA both apply: • Time for which the employee is on leave and receiving compensation from the insurance program counts against the employee’s FMLA leave entitlement. • Employee may not be able to substitute paid leave, and employer may not be able to require employee to substitute paid leave, for time during which the employee is receiving compensation from the state program. l
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please note We believe accurate, pl
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First Edition June 2007 Editor alay
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About the Authors Lisa Guerin is an
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5 Leave for a New Child Leave for B
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An Overview of Family and Medical L
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chapter 1 | AN ovERvIEW OF FAMILY A
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chapter 1 | an overview of Family a
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Is Your Company Covered by the FMLA
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Leave for a Serious Health Conditio
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Leave for a New Child C H A P T E R
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How Much Leave Can an Employee Take
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Medical Certifications (Proof of Il
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Forms and Checklists a p p e n d i
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appendix D | how to use the cd-rom
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